Madras High CourtWP(MD)/17601/2019disposed of

Florence Dhas v. The Superintendent Of Police,

2019-11-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P.(MD) No.17601 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD) No.17601 of 2019 and W.M.P(MD) No.14075 of 2019 Florence Dhas ... Petitioner -Vs1.The Superintendent of Police, Nagercoil, Kanyakumari District

2. The Deputy Superintendent of Police Nagercoil Kanyakumari District.

3. The Inspector of Police Asaripallam Police Station Kanyakumari District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the 2nd and 3rd respondent and their subordinates from disturbing the prayer meetings of the petitioner being held in Door No.6/93K-J, M.S.Road, Parvathipuram, Nagercoil.

For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.K.Suyambulinga Bharathi, G.A., (Crl. Side)

ORDER

This petition has been filed for issuance of a writ of mandamus, forbearing the 2nd and 3rd respondent and their subordinates from disturbing the prayer meetings of the petitioner being held in Door No.6/93K-J, M.S.Road, Parvathipuram, Nagercoil. 2.The learned counsel for the petitioner has submitted that the petitioner is the owner of the house situated in Re.Sy.No.7521A1B situated at Parvathipuram, Nagercoil District and he used to have prayer in his house. But, the second and third respondents are preventing the petitioner from conducting prayers in his house.

3.The learned Additional Public Prosecutor has submitted that the petitioner was not subjected to any harassment.

4. This Court in W.P(MD).No.10782 of 2006 has held that there is no need to get prior permission from any authority for https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.17601 of 2019 conducting prayers in a dwelling house. Further it was observed that if there is any nuisance caused due to noise pollution or for any other bona fide reasons, it is always open to the authorities to take necessary action under the provisions of the relevant Statutes.

5.In this case, there is no dispute that the house situated in Door No.6/93K-J, M.S.Road, Parvathipuram, Nagercoil, belongs to the petitioner herein and that being so, the respondent police should not interfere with the prayer being conducted in his dwelling house and also should not harass him under the guise of enquiry.

6.With the aforesaid observation, the Writ Petition is disposed of. No Costs. Consequently connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The Superintendent of Police, Nagercoil, Kanyakumari District

2. The Deputy Superintendent of Police Nagercoil Kanyakumari District.

3. The Inspector of Police Asaripallam Police Station Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.P. NARAYANA KUMAR, Advocate ( SR-101390[F] dated 26/11/2019 ) W.P.(MD) No.17601 of 2019 25.11.2019 KM/(16.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2